Legal Question in Criminal Law in Georgia

Cruelty to children

My husband had a confrontation with my oldest son who is 19 years old. He hit him in the eye causing it to split just below the eyebrow. He was arrested for assault, but he is also being charged for cruelty to children because our 4 year old saw it. My husband gets upset easily, and my main goal for the assault is for him to go to anger management. What sentence is his facing with the charges listed? Our four year old walked in on the incident just as it was occurring.


Asked on 10/14/08, 11:00 am

1 Answer from Attorneys
Daniel Duello Garrett, Gilliard & Saul

Re: Cruelty to children

Simple assault against a child is a high and aggravated misdemeanor, which carries a maximum sentence of 12 months. If the 4 y/o only witnessed the act, then it's cruelty to children in the third degree, which is a misdemeanor. That also carries a maximum sentence of 12 months.

If your son does not want your husband prosecuted, then you can get an attorney to try and work out something with the prosecutor's office. Otherwise you might have to fight the charges. Either way, the judge will more than likely make anger management part of the sentence anyway.

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Answered on 10/14/08, 11:22 am


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